The Financial Assistance Scheme (Internal Review) Regulations 2005

[F1 Notice of a review decision or a subsequent review decision U.K.

16.— (1) The scheme manager must issue a notice of a review decision given under regulation 4 or 7(1) or of a subsequent review decision given under regulation 7(2)—

(a) in a case where the reviewable determination relates to scheme notification or scheme eligibility, to—

(i) the person who made the application for a review of a reviewable determination;

(ii) where the occupational pension scheme to which the application relates has not completed winding up, the trustees or managers of the scheme, if the scheme manager is not already required to issue a notice to those trustees or managers under sub-paragraph (a)(i); and

(iii) the person who notified the scheme manager of the details referred to in regulation 14(1) or (3) of the FAS Regulations (notification of details), if the scheme manager is not already required to issue a notice to that person under sub-paragraph (a)(i) or (ii); and

(b) in a case where the reviewable determination relates to member eligibility [F2 , survivor eligibility] [F3 , member assessment [F4 , ill health payment assessment, ill health eligibility] [F5 , severe ill health eligibility] or terminal illness eligibility], to the person who made the application for a review decision.

(2) The scheme manager must issue a notice of a review decision given under regulation 10—

(a) in a case where the reviewable determination relates to scheme notification or scheme eligibility, to—

(i) the person who notified the scheme manager of the details referred to in regulation 14(1) or (3) of the FAS Regulations; and

(ii) where the occupational pension scheme to which the application relates has not completed winding up, the trustees or managers of the scheme, if the scheme manager is not already required to issue a notice to those trustees or managers under sub-paragraph (a)(i); and

(b) in a case where the reviewable determination relates to member eligibility [F2 , survivor eligibility] [F6 , member assessment [F4 , ill health payment assessment, ill health eligibility] [F7 , severe ill health eligibility] or terminal illness eligibility], to any person to whom the scheme manager issued a notice under regulation 3(1)(b).

(3) Where the reviewable determination relates to scheme notification or scheme eligibility, the scheme manager must also —

(a) take reasonable steps to publicise to any interested person who has not been issued with a notice under paragraph (1) or (2)—

(i) the fact that a review decision or a subsequent review decision has been made; and

(ii) the right of that person to appeal against that decision;

(b) make a copy of that notice available for inspection by that person; and

(c) issue a notice to that person if he requests it.

(4) A notice issued by the scheme manager under this regulation must be—

(a) in writing; and

(b) accompanied by a copy of—

(i) the review decision; or

(ii) the subsequent review decision,

to which it relates.]

Textual Amendments

F1 Reg. 16 substituted (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 5(11)

F2 Words in Regulations inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 33(2)

F3 Words in reg. 16(1)(b) substituted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 8(4)(b)

F4 Words in Regulations inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 19(3)

F5 Words in reg. 16(1)(b) inserted (27.3.2009) by The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 10(3)

F6 Words in reg. 16(2)(b) substituted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 8(4)(b)

F7 Words in reg. 16(2)(b) inserted (27.3.2009) by The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 10(3)

Commencement Information

I1 Reg. 16 in force at 20.7.2005, see reg. 1(1)